HomeMy Public PortalAbout2006_05_23_r094
The Town of
Leesburg,
Virginia
PRESENTED May 23. 2006
RESOLUTION NO. 2006-94
ADOPTED May 23. 2006
A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND AUTHORIZING
OFFERS TO ACQUIRE RIGHTS-OF-WAY, TEMPORARY AND
PERMANENT EASEMENTS ON HARRISON STREET NE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF
OFFERS ARE NOT PROMPTLY ACCEPTED
WHEREAS, the Council of the Town of Leesburg finds and determines that it is necessary for
the construction, reconstruction, alteration, maintenance and repair ofa section of Harrison Street NE
adjacent to and through real property further set forth below, and for all other purposes incidental
thereto, to acquire rights-of-way and easements on the below listed properties; and
WHEREAS, the Council further finds and determines that a public necessity exists for the
acquisition of the rights-of-way and easements for such aforesaid public uses and purposes; and
WHEREAS, the Town of Leesburg is empowered by Virginia Code Sections 15.2-1800
through 15.2-1814, 15.2-1900 through 15.2-1907, and 33.1-96 to acquire by purchase or eminent
domain private property for the purpose of carrying out its powers and duties; and
WHEREAS, the Town of Leesburg in Virginia desires to acquire by purchase or eminent
domain certain rights-of-way and easements over real property further set forth below located in the
Town of Leesburg; and
WHEREAS, the Council wishes to authorize the Town Manager, Town Attorney, Director of
Capital Projects Management, and their outside counsel to proceed with the acquisition of the rights-
of-way and easements; and
WHEREAS, these rights-of-way and easements are shown on the construction plan titled
'Harrison Street, NE Improvements', prepared by View Engineering, of Lees burg, Virginia; and
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND AUTHORIZING
OFFERS TO ACQUIRE RIGHTS-OF-WAY, TEMPORARY AND
PERMANENT EASEMENTS ON HARRISON STREET NE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF
OFFERS ARE NOT PROMPTLY ACCEPTED
WHEREAS, the addresses or locations, property identification numbers, individual square
footage ofthe necessary rights-of-way and easements, and the fair market value of said rights-of-way
and easements are listed below:
Property Address PIN No. ROW/Easement Sq. Ft. Fair Market Value
120 Edwards Ferry Rd 231-39-3367 3 SF ROW; $4,447
220 SF SO Esm't;
and 660 TC Esm't
202 Edwards Ferry Rd 231-39-4466 1,942 SF ROW; $51,349
246 SF SO Esm't;
and 3,332 TC Esm't
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. That the Town Manager, Town Attorney, Director of Capital Projects
Management, and their outside counsel be, and hereby are, authorized and directed to negotiate with
and execute on behalf of the Town an easement to acquire by purchase the referenced easements and
rights-of-way over the lands aforesaid from the property owners, their successors and assigns, in the
locations deemed appropriate by the Department of Capital Projects Management, at a price
reasonably related in their judgment to the fair market value of the rights-of-way and easements, and
on such terms and conditions as they deem advantageous to the Town, in a form approvable by the
Town Attorney.
SECTION II. That in the event no such easement can be agreed upon promptly, the Town
Manager, Town Attorney, Director of the Department of Capital Projects Management, and their
outside counsel be, and hereby are, authorized and directed to file Certificates of Take for the
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A RESOLUTION: DECLARING THAT A PUBLIC NECESSITY EXISTS AND AUTHORIZING
OFFERS TO ACQUIRE RIGHTS-OF-WAY, TEMPORARY AND
PERMANENT EASEMENTS ON HARRISON STREET NE
IMPROVEMENTS PROJECT, AND AUTHORIZING CONDEMNATION IF
OFFERS ARE NOT PROMPTLY ACCEPTED
acquisition of such rights-of-way and easements and to institute appropriate condemnation proceedings
in the Circuit Court of Loudoun County for the acquisition of the said rights-of-way and easements by
eminent domain.
SECTION III. That funding for the purchase price by agreement or condemnation and the
expenditure of such funds for the said rights-of-way and easements and all other acquisition costs,
including, if necessary litigation costs, be, and hereby is, authorized and approved.
SECTION IV. That the Town Manager, Town Attorney, Director of Capital Projects
Management, and their outside counsel be, and hereby are, authorized and directed to take such
additional actions as may be necessary or convenient to accomplish the acquisition of the rights-of-
way and easements as required by this resolution.
SECTION V. All temporary easements will be extinguished upon completion of construction.
SECTION VI. That the Clerk of Council be, and hereby is, authorized and directed to affix the
seal ofthe Town to such documents as may be necessary or convenient to accomplish the acquisition
of the rights-of-way and easements as required by this resolution.
PASSED the 23rd day of May 2006.
Kristen C. U stattd, Mayor
Town of Leesburg
R06: Harrison St NE Condemnation